BILL NUMBER: AB 2282	CHAPTERED  09/27/00

	CHAPTER   783
	FILED WITH SECRETARY OF STATE   SEPTEMBER 27, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 27, 2000
	PASSED THE ASSEMBLY   AUGUST 21, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 1, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 24, 2000

   An act to add Section 6253.8 to the Government Code, relating to
public records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2282, Davis.  Public records:  resolution of enforcement
actions.
   Existing law provides that public records are open to inspection
at all times during the office hours of the state or local agency and
every person has a right to inspect any public record, except as
specifically provided.  Existing provisions of the Governor's
Reorganization Plan No. 1 of 1991 establish the California
Environmental Protection Agency consisting of the State Air Resources
Board, the California Integrated Waste Management Board, the State
Water Resources Control Board and each California regional water
quality control board, the Department of Pesticide Regulation, and
the Department of Toxic Substances Control.
   This bill would require, on and after April 1, 2001, every final
enforcement order issued by the California Environmental Protection
Agency and various boards and departments within the agency, under
any provision of law that is administered by one of these entities,
to be displayed for at least one year on the entity's Internet
website, if the order is a public record that is not otherwise exempt
from disclosure.
   This bill would specify when an order is final for purposes of the
bill and would require the agency to oversee the implementation of
the bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 6253.8 is added to the Government Code, to
read:
   6253.8.  (a) Every final enforcement order issued by an agency
listed in subdivision (b) under any provision of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
   (b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
   (1) The State Air Resources Board.
   (2) The California Integrated Waste Management Board.
   (3) The State Water Resources Control Board, and each California
regional water quality control board.
   (4) The Department of Pesticide Regulation.
   (5) The Department of Toxic Substances Control.
   (c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2001, or when all means of
judicial review have been exhausted on or after January 1, 2001.
   (2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting.
   (d) An order posted pursuant to this section shall be posted for
not less than one year.
   (e) The California Environmental Protection Agency shall oversee
the implementation of this section.
   (f) This section shall become operative April 1, 2001.
